Plaintiff Attorney Advertising: Protected Or Prosecutable?

The barrage of plaintiff-attorney advertisements soliciting plaintiffs for drug and device litigation may spawn calls by executives, board members, and other company decision-makers to find out what can be done to stop them. Although certain categories of advertising are constitutionally protected as "free speech," developing precedent shows that attorney advertising may be susceptible to legal challenges under the Lanham Act. These claims have not been tested in court, but they present a legitimate possibility for manufacturers to mount an offensive attack against certain advertisements. This article provides an overview of the constitutional protections afforded attorney advertising in the United States, followed by an overview of new precedent under the Lanham Act and how it may be applied to combat certain advertising.